chapter 8 crime control in the courts and beyond

Chapter 8Crime Control in the Courts

and Beyond

Crime Control in America: What Works?, 2nd ed. Worral

© 2008 Pearson Education, Upper Saddle River, NJ 07458.

All Rights Reserved.2

Preventive Detention Preventive detention refers to the

practice of locking dangerous defendants away until their trial dates

Does it reduce crime? Probably not, because

Very few offenders are arrested/convicted while on bail

Studies show preventive detention is rarely used It is difficult to predict future criminal activity




Setting Bail at a High Level Setting bail at a high level should be avoided,

but it is certainly a common practice In other words, judges should focus on not just

offense seriousness but offense seriousness and defendant’s ability to pay

Does setting bail at a high level reduce crime?

Nearly impossible to say because of professional bail bondsmen

Results in many more defendants being released into society prior to their court dates




Diversion Diversion

Informal or programmatic method of steering offenders out of the criminal justice system

Usually reserved for low-level offenders Diversion has been around for some time

Probation Police decision not to arrest

It is difficult to summarize diversion research, for three reasons

Diversion is often used in connection with other sanctions

Few evaluations available—aimed specifically at diversion

Little attention to adult diversion




Shaming Shame is a powerful emotion that guides social interaction The criminal justice system has picked up on this and

begun to shame offenders Important note

Shame is not the same as guilt Guilt is an individual emotion Shame is a social emotion

Three types of shaming penalties have been identified Public exposure

Conviction made visible Debasement

Exposure with attempts to lower the offender’s social status, often through the requirement that offenders perform humiliating acts

Apology penalties Offender makes public apology




Public Exposure Penalties Drunk driving bumper

stickers/signs Requirements to run an ad in the

paper/post signs “Beware of resident” signs




Debasement Penalties Texas judge ordered defendant to

clean out mounted patrol unit’s stables

Victim of domestic violence allowed to spit in husband’s face

Slumlord sentenced to house arrest in one of his slums

Probationer required to wear diapers outside his clothes




Apology Penalties Student required to visit schools he

vandalized and apologize Car thief require to apologize to

church congregation Apology ads in the newspaper




Reverse Burglary? TN judge permitted victims of

burglary to enter the home of a convicted burglar and “steal” an item




Criticisms of Shaming Criticisms of shaming penalties include

Cruel and unusual punishment Not a convincing argument because the Supreme Court

has never put the nix on corporal punishment, much less shaming

Abuse of judicial discretion May violate purpose of probation, if a required

condition Penalties bear little resemblance to the initial crime Other criticisms

Damaging to offender Ignores context of the crime Counter to modern criminal procedure




Braithwaite’s Reintegrative Shaming What is reintegrative shaming?

Combines traditional shaming with restorative justice

Initial disapproval by community followed by gestures of reacceptance

Problems with reintegrative shaming May not be a “community” Not meant to work for serious offenders




Restorative Justice What is restorative justice?

Process whereby all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future

Every action that is primarily oriented toward doing justice by repairing the harm that has been caused by crime

Two core concepts Harm

Crime causes harm (material, personal, public, private) Repair

Desire to “fix” the harm done by crime Repair the community




Does Restorative Justice Work? Restorative justice may work

With low-level offenders Where there is a defined sense of

community Restorative justice may not work

With serious offenders Where there is no sense of community




Anti-Gang Injunctions Gang injunctions prohibit gang

members from associating with one another

Do they work? No one appears to know for sure




Problem-Solving Courts Problem-solving courts have emerged in recent years Other names

Special jurisdiction courts Specialized courts Boutique courts

Examples Drug courts Domestic violence courts Community courts Career criminal courts Traffic courts




Problem-Solving Court Features Six principles/practices that make

problem-solving courts different from traditional courts Focus on outcomes, not process Judicial monitoring Informed decision-making Collaboration Non-traditional roles (e.g., defense and

prosecution partnership) Systemic change (lessons learned and changes

encouraged of other agencies)




Drug Courts Drug courts

Encourage treatment of offenders Involved substantial judicial monitoring through frequent

hearings Drug court methods

Divert offenders out of the criminal process by assigning them to treatment

Criticisms of drug courts include Voluntary participation Offender may be forced to return to same circumstances

that promoted drug use in the first place Too short-lived

Effective? Yes!




Domestic Violence Courts Domestic violence courts

Focus on tailoring interventions to the needs of victims Closely monitor offenders Often enlist community participation

Therapeutic jurisprudence Sees law as a helping profession Concerned with consequences on social relationships the

law can have Focus on victim safety and offender accountability

Are DV courts effective? Evidence mixed




Community Courts Community courts resemble drug courts and DV courts

but take on a larger focus They deal with numerous community problems

Neighbor disputes Prosecution of low-level offenses that affect quality of life Many others

The research? Favorable effects in terms of (1) compliance with

intermediate sanctions, (2) community conditions, and (3) community attitudes

Reduction in recidivism

chapter 8 crime control in the courts and beyond

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